Introduction:Federalism is a system of government in which the power is divided between a central authority and its constituent units . For example ; central government & state government .
Indian had a quasi federal system of government.
Federalism in India :
- India is a federal system but with more tilt towards a unitary system of government. Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’. The word federation is not mentioned in the constitution.
- Elements of federalism were introduced into modern India by the Government of India Act of 1919which separated powers between the centre and the provincial legislatures.
Federalism in Indian Constitution:
- Governments at two levels – centre and states
- Division of powers between the centre and states – there are three lists given in the Seventh Schedule of the Constitution which gives the subjects each level has jurisdiction in:
- Union List
- State List
- Concurrent List
- Supremacy of the constitution – the basic structure of the constitution is indestructible as laid out by the judiciary. The constitution is the supreme law in India.
- Independent judiciary – the constitution provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the high courts are at the state levels and at the topmost position is the Supreme Court of India. All courts are subordinate to the Supreme Court.
Challenges for Federalism in India :
- Regionalism : Regionalism is where an individual’s region is given preference, at times that of other regions as well. In a country as diverse and geographically vast as India, regionalism tends to rear its ugly head from time to time.
- Centralised Amendment Powers : In a typical federation, the power of amendment to the Federal Constitution lies on a shared basis between the federation and its units. In India, the power of constitutional amendment lies with the Centre under Article 368 and other provisions.
- Language Conflicts : India is a land of diversity, and people of different cultures and backgrounds reside here which sometimes causes a blow to the federal spirit of the Constitution. There are 22 languages constitutionally approved in India. Besides, hundreds of dialects are spoken across the country.
- Division of Powers : Division of power is quite unbalanced in India where the Centre enjoys an upper hand in major field of decision making leaving a little for the state .
Conclusion:
- Recognition of Federalism: It should be underlined that Article 1 of the Constitution declares that “India that is Bharat is a union of states”, and that
2. Strengthening Inter-State Relations: State governments shall consider deploying human resources to support them in preparing responses to the consultations initiated by the Union, especially with a focus on the federalism angle.
3. Proper utilisation of the institutional mechanism of the Inter-state Council must be ensured to develop political goodwill between the Centre and the States on contentious policy issues.